ENACTED 07/20/1999

SECOND SUBSTITUTE ORDINANCE NO. SO99-1681

A second substitute ordinance conveying certain right-of-way to the Metropolitan Nashville Airport Authority, retaining certain easements and amending the Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, by closing certain rights-of-way (Proposal No. 99M-075U), all of which is more particularly described herein.

 Whereas, in order to facilitate the location of certain operations of Dell Computer Corporation ("Dell") to Nashville, Tennessee, The Metropolitan Government of Nashville and Davidson County (the "Metropolitan Government") desires to quitclaim such interest it may have in certain right-of-way located at a portion of State Route 255 and commonly known as Donelson Pike between Murfreesboro Pike and Interstate 40 in Nashville, Tennessee, and more particularly identified on Exhibit A attached hereto (the "rights-of-way"), to the Metropolitan Nashville Airport Authority (the "MNAA"); and

Whereas, the MNAA desires to acquire the right-of-way in accordance with the MNAA’s master plan as approved by the Federal Aviation Administration; and

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. The Metropolitan Government hereby quitclaims to the MNAA all of its right, title and interest in and to the right-of-way on State Route 255 and commonly known as Donelson Pike between Murfreesboro Pike and Interstate 40 in Nashville, Tennessee, retaining such easements as are necessary, including maintaining the right-of-way as an official street on the Official Street and Alley Acceptance and Maintenance Map until such time as the proposed Harding Place Extension is open and, as further described on the map attached hereto and incorporated herein.

The MNAA hereby agrees to accelerate the purchase of the right-of-way of State Route 255, commonly known as Donelson Pike, and as shown on the MNAA’s 30-year Aviation Plan, by the payment to The Metropolitan Government of an amount not to exceed One Million Five Hundred Thousand Dollars ($1,500,000), contingent upon obtaining the necessary 49 CFR Part 24 appraisals, and subject to other applicable FAA statutes and regulations.

The Official Street and Alley Acceptance and Maintenance Map for The Metropolitan Government of Nashville and Davidson County, will be amended to close rights-of-way on State Route 255 and commonly known as Donelson Pike between Murfreesboro Pike and Interstate 40 in Nashville, Tennessee, when the proposed Harding Place Extension is open.

That easements are herein retained by The Metropolitan Government of Nashville and Davidson County, its agents, servants, and/or contractors and utility companies operating under franchise from the Metropolitan Government for the right to enter, construct, operate, maintain, repair, rebuild, enlarge, and patrol its now existing or future utilities, including drainage facilities, together with their appurtenances, and the doing of any and all things necessary and incidental thereto.

That in the event there is proposed any construction over, above, or under said existing utilities that said construction shall have the approval of the Director of Public Works and/or the Director of Water and Sewerage Services, together with the approval of the Nashville Electric Service, Nashville Gas Company, BellSouth Telecommunications, Inc., InterMedia, A.T.S. Network Communications, Hyperion of Tennessee, T.C.G. Telecom Group, Metro Access Networks (MCI), and Nextlink.

That the Director of the Department of Public Works be and is hereby authorized and directed, upon the opening of the Harding Place Extension, to cause said change to be made on said Map as set out in Section (c) of this ordinance, and to make notation thereon of reference to the date of passage and approval of this amendatory ordinance.

Section 2: This ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it. 

Sponsored By:  Charles Fentress

LEGISLATIVE HISTORY
Second Substitute Introduced:	June 15, 1999
Referred to:	Planning Commission - Approved 7-0 (6/10/99) Traffic & Parking Commission - Approved 7-0 (6/14/99) Budget & Finance Committee Public Works Committee Rules & Confirmations Committee Planning & Zoning Committee
Passed Second Reading:	June 15, 1999
Passed Third Reading:	July 20, 1999
Approved:	July 21, 1999
By: